Dear PAO,
I have a cousin who is born out of wedlock. His father
died when he was just 4 years old and his grandparents died a couple of
years ago. He is now 32 years old and wanted to know if he can inherit
from his father’s share of the estate. His father predeceased his
parents and has 3 siblings.
The remaining children of his grandparents transferred the
properties only to themselves and left my cousin nothing. Does my cousin
have a right on the share of his father?
Joshua
Dear Joshua,
Since
you mentioned that your cousin was born out of wedlock, it is safe to
assume that he is an illegitimate child. Taking this into consideration,
the right of your cousin to inherit from his grandparents is affected
by his status as an illegitimate child.
Article 992 of the New Civil Code of the Philippines states that:
“An
illegitimate child has no right to inherit ab intestate from the
legitimate children and relatives of his father and mother; nor shall
such children or relatives inherit in the same manner from the
illegitimate child.”
Thus, according to the aforementioned law,
your cousin cannot inherit from his grandparents except through a last
will and testament, known as testamentary succession.
This same
law was also cited by the Supreme Court in the case of Leonardo vs.
Court of Appeals, 120 SCRA 890, 1983, in ruling that an illegitimate
child cannot inherit from his great grandparent for being an
illegitimate child.
Note however that, under the normal
circumstances, grandchildren may inherit from their grandparents through
the right of representation which is provided by law as:
“. . . a
right created by fiction of law, by virtue of which the representative
is raised to the place and degree of the person represented, and
acquires the right, which the latter would have if he were living or if
he could have inherited” (Article 970, New Civil Code).
To
further illustrate, a grandson with a right of representation subrogates
the right of his deceased father to inherit from his grandfather if the
father: a) predeceased the grandfather, b) is incapacitated or c) was
disinherited (Articles 981, 1035 and 923, New Civil Code). Applying this
rule, the inheritance of a grandson shall cover all that his father
would have inherited from his grandfather if the latter were alive
should the grandfather die intestate, or without a last will and
testament.
However this rule applies only to legitimate
children. And since it was established that your cousin is an
illegitimate child, the law prohibiting illegitimate children to
represent their father’s share in the inheritance from his relatives
shall apply.
Again, we find it necessary to mention that this
opinion is solely based on the facts you have narrated and our
appreciation of the same. The opinion may vary when the facts are
changed or elaborated.
We hope that we were able to enlighten you on the matter.
source: Manila Times Column of PAO Chief Atty
